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HomeMy WebLinkAboutMinutes-04/12/2004April 12, 2004 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 12, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. ORAL PRESENTATIONS 119677 - Jerry Shatzer, 1829 West 7th Street, asked about the suggestion he brought to the council two or three months ago to use surveillance cameras in undesirable areas to free up the police officers. Mayor Hurley responded that the city is using some grant money to purchase surveillance cameras, but they are not for the neighborhoods. Tom Jennings, Police Chief, reported that he is aware that either Boston or Baltimore are using cameras that broadcast to the Police Department, but he does not know if the cameras have actually freed up the officers' time. Chief Jennings commented that we need funds to start the surveillance camera program. Mr. Shatzer commented that he sees no reason why the city couldn't use the cameras. He said the Chicago Police Department uses them and crime has dropped. Mr. Shatzer stated he also asked the city to look into investing in windmills to produce energy. Mr. Shatzer stated KWWL reported that Waverly Electric is putting in its second windmill, and he feels the reason is China is gobbling up oil. Mr. Shatzer stated that on Monday MidAmerican Energy gave the city $20,000, and he classifies that as PR. KWWL reported that Iowa City is in a debate with MidAmerican Energy, and they could reduce $61 million if they would take over the utilities. Mr. Shatzer stated he thinks the city should consider windmills. Mr. Shatzer stated he believes all new buildings should have surveillance cameras and windmills. Mr. Shatzer stated Bertch Cabinets produces a lot of energy, but MidAmerican Energy will only by back 10 percent. Mr. Shatzer stated these ideas could save the city a lot of money and citizens could be saved a lot of money. Mayor Hurley responded that the city is doing an internal energy conservation study and is using LEDs for our traffic lights, so saving energy is not being ignored. Mayor Hurley asked Mr. Shatzer to participate in this effort. Charles Pearson, 1615 Woodmayr Drive, reported he has organized African American Opportunity Services, which specializes in promoting events/festivals on the Eastside, but he has not received a lot of support. Mr. Pearson stated the African Americans do not have an outlet for promoting African American festivals. Mr. Pearson stated they have been saying they need to expose themselves to the city as this is their city, too. Mr. Pearson stated the Eastside gets a lot of negative comments, and they have not had a lot of support from the city. All the events are for youth and are alcohol free, and they need others throughout the community to support them. This year, they have plans for four or five events on the Eastside of Waterloo, and he feels he should have the opportunity to sell as a vendor at Fridayloo and anticipate in major events. Mayor Hurley asked Mr. Pearson to call his secretary to set up a meeting with him. Robert Sieglaff, 914 West 3rd Street, stated the city is going to spend a lot of dollars to clean up the grounds, and he suggested the city use residents of the halfway house. Mr. Sieglaff stated he doesn't think the city needs to hire someone to wash and clean the squad cars, as that can be done at Fire Station No. 1, which would help keep them physically fit. Mr. Sieglaff stated he doesn't think the city should spend big dollars when we are in the hole. Residents of the halfway house could also be used to clean up Lincoln and Washington Parks. Mr. Sieglaff suggested the Police Department could make money if they would write tickets for cars parked by fire hydrants or across the sidewalks. Mr. Sieglaff stated people are cutting out the curbs and making parking between the front of yards around West 3rd Street. Mr. Sieglaff commented he informed two police officers when they were at the neighborhood meeting about parking on Wellington & 4th Streets. Mr. Sieglaff stated he would like the city to do away with the yardwaste carts as now citizens have to wait for the city to pick up the carts. He would rather keep the paper yardwaste bags because with the cart when it gets full he has to wait for the city to pick it up, and with the paper yardwaste bags he can just continue with another bag. April 12, 2004 ORAL PRESENTATIONS CONTINUED Page 2 Mayor Hurley responded that the city has employed and will continue to employ residents of the Department of Correctional Services. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Motion carried. 119678 - Welper/Gunderson Seven. that the Agenda, as amended, for the Regular Session on Monday, April 12, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried 119679 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, April 5, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a proclamation declaring April 19, 2004, as West Fest Day. Mayor Hurley read a proclamation declaring April 2004 as Sexual Assault Awareness Month and April 18-24, 2004, as National Crime Victims' Rights Week. Mayor Hurley read a proclamation declaring April 12-18, 2004, as National Community Development Week. Mayor Hurley recognized Amir Kantarevic for helping Councilperson Welper up trash in Williston Park CONSENT AGENDA 119680 - Kincaid/Gunderson that the following approved: items on the consent agenda be received, placed on a. Resolutions to approve the following: clean file and 1. Communication from City Engineer transmitting request of Hasan Tricic for a waiver for a concrete driveway to be located at 1755 Howard Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-205. 2. Communication from City Engineer transmitting request of Steven Vogel for a waiver for a concrete driveway to be located at 1709 Butler Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-206. b. Motion to approve the following: 1. Aric Schroeder, Senior Planner, to attend American Association National Planning Conference in Washington, DC, 24-28, 2004, with costs not to exceed $1,355.00. 2. Michelle Weidner, Chief Financial Officer, to attend Iowa Finance Officers Spring Conference in Des Moines, Iowa, on 2004, with costs not to exceed $131.40. Planning on April Municipal April 22, 3. Christopher Leach and Jason Verbraken, Rehabilitation Specialists, to attend Iowa Association of Housing Officials Spring Conference in Waterloo, Iowa, on April 22-23, 2004, with costs not to exceed $125.00 each. 4. Dave Keidel, Manager of Rehabilitation Services, to attend Iowa Association of Housing Officials Spring Conference in Waterloo, Iowa, on April 21-23, 2004, with costs not to exceed $250.00. 5. Eric Thorson, City Engineer, to attend 2004 American Public Works Association Mid-America Conference and Exhibit Show in Overland Park, Kansas, on May 12-14, 2004, with costs not to exceed $657.00. 6. Rudy Jones, Community Development Director; and Nancy Gulick, Community Development Coordinator, to attend Environmental Training Course in St. Peters, Missouri, on May 5-7, 2004, with costs not to 1110 exceed .00 each, including use of ci ehicle. April 12, 2004 • . CONSENT AGENDA CONTINUED Page 3 7. Walter Reed, Jr., Executive Director of Human Rights Commission, to attend 2004 Regional Fair Housing Training Symposium in St. Louis, Missouri, on April 14-16, 2004, with costs not to exceed $440.52, including use of city vehicle. c. Beer License Permit Class B Godfather's Pizza, (Includes Sunday Application 3811 University Avenue (Renewal) (Expires 4/30/05) Sales) d. Beer License Permit Application Class C Triple J Mart, 1807 LaPorte Road (Renewal) (Expires 4/8/05) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Brooster's, 3555 University Avenue (Renewal) (Expires 4/21/05) (Includes Sunday Sales) f. Outdoor Service Area Application Brooster's, 3555 University Avenue g• Fireworks Display Application My Waterloo Days on June 4, 2004 h. Bonds. Ayes: Seven. Motion carried. HEARINGS 119681 - Welper/Gunderson that proof of publication of notice of public Project at an estimated cost of $26, Courier on March 30, 2004, be received hearing on City Hall Landscaping 750.00, as published in the Waterloo and placed on file. Ayes: Seven. Motion carried. 119682 - This being the time and place of public and oral objections and there were none. hearing, the Mayor called for written Councilperson Welper stated it was his understanding that the city would not do the project until all the funding is found. Mayor Hurley responded that there have been comments not to use tax money for this project when we are in such dire straights. Councilperson Clark stated he is in support of the idea and enthusiasm for this project, but is concerned with the timing. Councilperson Clark suggested asking for volunteer donations and maybe approach the community for funds. Councilperson Clark stated he would like to go ahead with the project, but not spend any tax funds. Councilperson Clark stated he supports the project with the caveat that no taxpayer money will be involved. Welper/Gunderson that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119683 - Welper/Kincaid that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with City Hall Landscaping Project", be adopted. Prior to a vote on the above motion, the following comments were heard. Paul Huting, Leisure Services Director, reported that there have been some changes to the plan and the cost has increased slightly because of the addition of some flowers. Mr. Huting reported that since the article was in the paper concerning this project, they have received calls from those wanting to help without using taxpayer funds. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-207. April 12, 2004 Page 4 HEARINGS CONTINUED 119684 - Clark/Welper that "Resolution authorizing to proceed when all funding is in place and no taxpayer money is used for above said project", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated that maintenance and watering of the landscape would be done with city staff. Mayor Hurley reported that he heard from a gentlemen wanting to contribute funds for the project, and the Chamber of Commerce wants to get involved. Mayor Hurley stated he hopes our businesses will get involved with either monetary donations or in-kind donations. Paul Huting, Leisure Services Director, reported there are several phases for the project, and that we could do one phase and go to the next phase as funds are available. Following comments a vote was taken on the above motion, with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-208. 119685 - Gunderson/Schmitt that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to listing storage and mini -storage facilities as a special permitted use in the "C-2" Commercial District and as a principle permitted use in the "M-1" Light Manufacturing District, as published in the Waterloo Courier on March 26, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119686 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 119687 - Welper/Kincaid that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to listing storage and mini -storage facilities as a special permitted use in the "C-2" Commercial District and as a principle permitted use in the "M-1" Light Manufacturing District", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119688 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119689 - Schmitt/Gunderson that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to listing storage and mini -storage facilities as a special permitted use in the "C-2" Commercial District and as a principle permitted use in the "M-1" Light Manufacturing District", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4683. 119690 - Kincaid/Welper that proof of publication of notice of public hearing on request of Allen Memorial Hospital to rezone from "R-3" Multiple Residence District and "C-1" Commercial District to "C -P" Planned Commercial District property generally located at the southwest corner of Heath Street and U.S. Highway 63 for the purpose of constructing a new 37,000 sq. ft. Hy -Vee Grocery and Convenience Store, as published in the Waterloo Courier on March 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. April 12, 2004 • • HEARINGS CONTINUED Page 5 119691 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Dennis Ausenhus, Senior Vice President of Real Estate for Hy -Vee, thanked everyone and stated Hy -Vee is excited about starting this new project this summer. Mr. Ausenhus thanked the city and neighborhood for their support and stated this store will be a benefit for the community. Mr. Ausenhus stated Hy - Vee appreciates the city's support. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119692 Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 353 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119693 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119694 - Kincaid/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 353 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4684. 119695 - Schmitt/Gunderson that proof of publication of notice of public hearing on the Development Agreement with Hy -Vee to build 37,000 sq. ft. facility generally located at the southwest corner of U.S. Highway 63 and Heath Street, with a minimum assessment of $3,500,000.00, with tax rebates for approximately seven years at $100,000.00 per year until the purchase price for the land is reimbursed, as published in the Waterloo Courier on March 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119696 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Greenwood stated he is in favor of Hy -Vee being at this location, but as a small business owner he needs to say it is hard for him to give these incentives to an existing corporation which has proven themselves in their market. Councilperson Greenwood stated he knows the city is looking for a market on the Eastside, but in support of people who have to compete with them on a daily basis, he cannot support this. Hy -Vee runs successful super stores in the Midwest. Councilperson Greenwood stated he could support tax abatement. Councilperson Greenwood stated he has mixed feelings, and that maybe he should abstain from the vote as he competes with Hy -Vee. Welper/Gunderson that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119697 - Gunderson/Schmitt that "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Nays: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-209. April 12, 2004 Page 6 HEARINGS CONTINUED 119698 - Gunderson/Schmitt that proof of publication of notice of public hearing on the Development Agreement with Denso International America, Inc. to sell and convey for $1.00 approximately 6.5 acres of land in the Martin Road Industrial Park to build a 36,000 sq. ft. facility generally located at the northwest corner of Ridgeway Avenue and Martin Road, with tax rebates for five years at 30 percent and minimum assessment of $1,200,000.00, with the city to provide sanitary sewer, waterworks front footage charge and grading estimated at $40,000.00, as published in the Waterloo Courier on March 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119699 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Harold Brock stated there is a lady who has lived on the farm since 1940, and she is concerned there will be industrial business on this property. Mr. Brock stated he has assured her the business will not invade her lifestyle, and Denso is a very responsible business. Mr. Brock stated he thinks this project will enhance the city and be better use of the land as it is not really good farmland. This property only pays about $600.00 in taxes. Barb Coffin, 1006 Martin Road, asked how many employees will Denso employ and expressed her concerns with the traffic congestion in the early morning and evening rush hours on Martin Road and Ridgeway Avenue. Don Temeyer, Community Planning and Development Director, responded Denso International American, Inc. will add five or six new jobs and will move 19 jobs from their current location. Mr. Temeyer reported that the Traffic Engineer looked at the proposal, and there will be right -in right -out lanes on Ridgeway Avenue, and there are no concerns with traffic. Mr. Temeyer stated that Denso will have to build a first floor elevation along the flood plain, but Black Hawk Creek is a very large area, and this should not increase the flow. Ms. Coffin stated she has lived in this area for 25 years, and she knows it gets wet. Ms. Coffin asked if this project will affect the properties and make it wetter. Mr. Temeyer responded this will not significantly increase the flow of water. Ms. Coffin asked how much property is the city going to purchase and what happens to the rest. Mr. Temeyer responded the city is buying it all and over time we hope to sell it. Mr. Temeyer stated that the Urban Renewal has been set up for seven or eight years. Welper/Kincaid that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119700 - Schmitt/Gunderson that "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-210. 119701 - Welper/Gunderson that proof of publication of notice of public hearing on request of Denso International America, Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at the northwest corner of Martin Road and West Ridgeway Avenue for the purpose of constructing a new 36,000 sq. ft. industrial building to be located on an approximate 6.5 acre parcel with access from Martin Road and West Ridgeway, as published in the Waterloo Courier on March 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119702 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. • • April 12, 2004 HEARINGS CONTINUED 119703 - Gunderson/Welper that "Resolution approving said site plan Seven. Page 7 amendment", be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2004-211. UNFINISHED BUSINESS 119704 - Gunderson/Welper that communication from Superintendent recommendation of award of contract in Controls Corporation of Ridge, Missouri, Light Retrofit Modules for Programmable placed on file and "Resolution approving of Traffic Operations transmitting the amount of $15,470.60 to Traffic in conjunction with LED Traffic Signal Visibility Signal Heads, be received, said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-212. 119705 - Greenwood/Gunderson that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $30,280.00 to Don Gardner Construction of Waterloo, Iowa, in conjunction with Public Restroom, Break Room and Women's Police Locker Room Renovation, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-213. DOCUMENTS 119706 - Greenwood/Gunderson that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $30,280.00 from Don Gardner Construction of Waterloo, Iowa, in conjunction with Public Restroom, Break Room and Women's Police Locker Room Renovation, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-214. PETITIONS FROM PUBLIC 119707 - Kincaid/Gunderson that communication from Community Planning and Development Director transmitting Development Agreement with Ferguson Enterprises, Inc. to build a 608,800 square foot distribution center generally located westerly of the northwest corner of Independence Avenue and North Elk Run Road and southerly of Martin Luther King Jr. Drive with a taxable value of $19,000,000.00, with the city making a grant for the purchase price of the land estimated at $2,433,500.00, and $600,000.00 for grading the property, with 50 percent tax rebates for ten years, construction of a railroad spur if needed and installation of various utilities to the site at no cost to the company, be received, placed on file and "Resolution setting date of hearing as April 19, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-215. DOCUMENTS 119708 - Welper/Cole that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Grady Farms Dairy, 7540 Hammond Avenue, for payment of promissory note in conjunction with Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-216. April 12, 2004 Page 8 DOCUMENTS CONTINUED 119709 - Gunderson/Welper that communication from Planning & Development Director transmitting an offer to buy real estate from Brock, Inc. for approximately 48.69 acres of property generally located at the northwest intersection of Ridgeway Avenue and Martin Road at a cost of $385,000.00, with $55,440.00 due at closing, with Brock, Inc. to carry a contract on $329,560.00 balance at three percent per annum with annual payments of $40,000.00 due on June 1 of each year and a balloon on the remaining balance due on June 1, 2009, be received, placed on file and "Resolution approving said offer", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-217. 119710 - Schmitt/Cole that communication from City Planner transmitting request to dedicate land generally located along Ridgeway Avenue and Martin Road for right-of-way purposes, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-218. 119711 - Gunderson/Cole that communication from City Planner transmitting Preliminary Plat of Brock Addition, together with report of City Engineer, Deed of Dedication and Staff Report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-219. 119712 - Greenwood/Schmitt that communication from City Planner transmitting agreement with Iowa Department of Economic Development for a New Capital Investment Program (NCIP) for Denso International America, Inc., which will allow tax credits and other potential incentives based on the state evaluation system, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-220. 119713 - Greenwood/Schmitt that communication from City Planner transmitting an application with the Iowa Department of Economic Development for New Capital Investment Program (NCIP) for Ferguson Enterprises, Inc., which will allow tax credits and other potential incentives based on the state evaluation system, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-221. RESOLUTIONS TO BE ADOPTED 119714 - Gunderson/Cole that "Resolution designating National Community Development Week to commemorate the Community Development Block Grant Program in the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-222. 119715 - Gunderson/Cole that "Resolution approving 5.5 percent increase in current ambulance rates and adding $55.00 to base rates for supplies billed for a total Advanced Life Support (ALS) rate of $490.05 and Basic Life Support (BLS) rate of $374.84", be adopted. • • April 12, 2004 RESOLUTIONS TO BE ADOPTED CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 9 Ned DeBerg, Fire Chief, reported the Fire Department would like to begin using the Method 2 Billing process as of May 1, 2004. With Method 2 Billing, supplies are included in the base rate rather than itemized and billed separately. Chief DeBerg stated that in 2006 Medicare will no longer allow them to bill separately for disposables, so Fire Rescue is choosing to make the transition now. Chief DeBerg explained ALS is the acronym for Advanced Life Support and BLS is the acronym for Basic Life Support. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-223. 119716 - Welper/Cole that "Resolution fixing date of hearing as April 26, 2004, at 5:30 p.m. in the City Hall Council Chambers on the issuance of not to exceed $4,000,000.00 General Obligation Bonds for an Essential Corporate Purpose to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities in the Northeast Industrial Area", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-224. 119717 - Schmitt/Cole that "Resolution establishing the amount of just compensation for certain properties to be acquired in the Rath Neighborhood Area and to authorize the use of condemnation procedures for acquisition of said properties in the Rath Neighborhood Area in furtherance of the objectives of the Rath Neighborhood Revitalization Master Plan", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-225. ORDINANCES TO BE ADOPTED 119718 - Greenwood/Schmitt that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations; and enacting in lieu thereof a new Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations (requiring bond to be filed with Secretary of State and increasing fees)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119719 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119720 - Greenwood/Cole that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations; and enacting in lieu thereof a new Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations (requiring bond to be filed with Secretary of State and increasing fees", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4685. BILLS PAYMENT 119721 - Greenwood/Cole that "Resolution approving Schedule AP640, pp. 1-109, dated April 12, 2004, in the amount of $720,111.36, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-226. April 12, 2004 NEW BUSINESS 119722 - Gunderson/Kincaid that communication from request to certify the Works at 1632 Forest Avenue, together Waterloo Water Works Trustees, be received, approving said request", be adopted and City Hawk County Treasurer of same. Ayes: Seven. Page 10 General Manager of Waterloo Water Works transmitting amount of $1,033.50 for work performed by the Water with Resolution adopted and upon approval by Mayor 119723 - Gunderson/Kincaid recommendation of approval of placed on file and "Resolution Clerk instructed to notify Black assigned No. 2004-227. that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,995.00 for work performed by the Water Works at 345 Albany Street, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-228. 119724 - Gunderson/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $477.00 for work performed by the Water Works at 4760 Edgebrook Drive, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-229. 119725 - Schmitt/Kincaid that communication from Community Planning & Development Director transmitting Northeast Industrial Area Development Plan Amendment No. 1 to allow tax increment financing to be used for Ferguson Enterprises Project be received, placed on file and "Resolution setting date of hearing as April 26, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-230. 119726 - Kincaid/Schmitt that communication from City Planner transmitting request to annex property generally located between Independence Avenue and Martin Luther King, Jr. Drive be received, placed on file and "Resolution setting date of hearing as May 24, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-231. 119727 - Cole/Schmitt that communication from City Planner transmitting request to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally located between Independence Avenue and Martin Luther King, Jr. Drive to allow construction of a 608,800 square foot distribution center, be received, placed on file and "Resolution setting date of hearing as April 26, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-232. ADJOURNMENT 119728 - Welper/Cole that the Council adjourn at 6:58 p.m. Ayes: Seven. Motion carried. Na3ic�ert City Clerk", agAt